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3. The case of the defendants is one of total denial and they contended that they have not encroached the suit property as alleged by the plaintiff.

4. Both the courts below on evaluation of the materials on record have concluded that the plaintiff has failed to prove that the defendants have encroached certain portion of the suit property. During the pendency of the suit, the jurisdictional ADLR was appointed as the Court Commissioner by the trial Court to inspect the spot. However, the ADLR did not visit the spot and submitted the report as directed by the trial court. On the contrary, the ADLR deputed his subordinate officer to perform the duties of the Commissioner entrusted to him. Accordingly, the surveyor/the subordinate officer of the ADLR visited the spot and filed a report before the Court to the effect that the defendants have encroached certain portion of the plaintiff's property. The trial court has rightly refused to look into the Court Commissioner's report, in as much as, the Surveyor was not the Court Commissioner appointed by the Court. It was ADLR who was appointed as a Commissioner. Therefore, it is not open for the ADLR to delegate his powers to his subordinate i.e., the surveyor.